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1979 Supreme(Mad) 212

RAMAPRASADA RAO
Anbiah – Appellant
Versus
Mercy Bell – Respondent


Advocates Appeared:
For the Petitioner:V. Ratna Mudaliar, Advocate.
For the Respondent:Harihara Ayyar, Advocate.

Judgment :-

1. The petitioners in this civil revision petition are the sons of the brother of one deceased V. V. Joseph. Admittedly, V. V. Joseph was occupying premises bearing municipal door No. 9/5-20 in Nagarcoil Municipality belonging to the respondents. After the death of V.V. Joseph, a petition for eviction was filed by the respondents under S. 10(3)(a)(i) of the Madras Buildings (Lease and Rent Control) Act, read with S. 27(2) of the said Act for evicting the petitioners who by then appear to have inducted themselves into the premises. The respondents described the petitioners as legal representatives of V.V. Joseph, and sought for eviction under S. 10(3)(a)(i) of the Act. The finding of fact of both the Rent Controller and the Appellate Authority is that V. V. Joseph died on 8th July 1972, as a bachelor and the petitioners are not the legal heirs of the said V. V. Joseph as a member of his family up to the date of his death. It appears that V. V. Joseph was not only residing but also carrying on an incidental business of his own therein. On such a petition filed by the respondents for evicting the petitioners from the suit premises, both the Rent Controller and the Appellate










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